What Are the Six Covenants of Title?

The general warranty deed is composed of six covenants of title.

A warranty deed is a legal instrument by which the seller guarantees that he is the rightful owner of the property and is selling it free of any liens. These assurances make up the six covenants of title. Three covenants are considered present covenants, which means they apply to the parties of the most recent transfer. The other three are future covenants, which any owner can enforce against any previous grantor if they are broken.

Seisin

The present covenant of seisin is an assurance that the seller is the rightful owner of the property being sold. The concept dates back to feudal English law. Seisin applies to both the title to the property and the right of possession to the property.

No Encumbrances

The present covenant against encumbrances is a promise by the seller that the land is owned free and clear. This means that the property is not subject to any liens, mortgages, taxes, leases, easements and other restrictions that impinge upon the buyer's right to title or possession of the property. An easement is an encumbrance that would affect the buyer's physical use of the land itself. A lien would be an encumbrance upon the buyer's title to the property.

Right to Convey

Having the right to convey means that the seller is legally entitled to transfer the property to the buyer. The seller must hold title to the property to possess the right to convey. This present covenant assures the buyer that the grantor has this right. If a third party were to come forward with a legal interest in the property, the guarantor would be in breach of this covenant.

Quiet Enjoyment

The future covenant of quiet enjoyment is an assurance that the buyer's right to possession will not be impacted by a third party's legal claim to title. If a third party came forward with a lawful claim, the seller could be liable for damages. An example of such a disturbance is if the third party occupied the property or evicted the buyer.

Warranty

The covenant of warranty is very similar to that of quiet enjoyment. This future covenant is a promise that the buyer will defend against any title claims from third parties. It also assures the buyer that the grantor shall compensate the buyer for any losses she might incur as a result of such a claim.

Further Assurances

This future covenant is a promise that the grantor will do whatever is reasonably necessary help the grantee perfect the title should the need arise later down the road. This could involve executing additional legal documents or correcting mistakes found in previous documents.

About the Author

Currently living in Austin, Texas, Alexander Harris is a business journalist covering the self storage industry for SpareFoot.com and SelfStorage.com. Harris previously wrote daily news for RichmondBizSense.com, a business journal in his hometown of Richmond, Va. His work has appeared in various other publications including "Philadelphia Citypaper," Stateline.org, "RVA Magazine" and the "Virginian-Pilot." Harris holds a mass communications degree from Virginia Commonwealth University.